Virginia Expungements Legal Questions

If the charge was disposed of by a not guilty finding or a motion nolle prosequi, it is eligible for an expungement. Expungement is a civil filing that you must proactively act to file. It does not happen automatically or by right.  If you were found guilty of anything, those matters are not eligible for expungement. ... Read Answer

It's impossible to tell from the information you provided whether your charges would be eligible for expungement, because it's not clear what you pleaded.  If you pleaded guilty, then no you will not be able to expunge.  If you pleaded not guilty, then it's possible if there was no conviction.  It appears that Rockingham County is not included in the state online information, so I can't look up your cases online.  You would have to get a copy of the case disposition from the court and see what it says.  If you do that, be sure to get a certified copy so that you can use it in filing your expungement petition, if you are eligible. ... Read Answer

Only certain charges are eligible for expungement in Virginia.  The case must have been dropped by the prosecutor (nolle prossed), or you were tried and acquitted, or it was otherwise dismissed, in order to be eligible.  You cannot have pled guilty.  If you think you qualify then you will want to seek an attorney located near you to file for the expungement.... Read Answer

Convictions are not eligible for Expungement.  Expungements are for cases of "actual innocence" such as where the charges were dropped or you were tried and acquitted.  Convictions will ordinarily stay on your record forever.  That said, I did observe a case once where a judge agreed to expunge a very old charge for a person where that was their only charge.  In so doing the judge even acknowledged that the court did not really have the authority to do it.  So never say never, but you would have to be really lucky to get a sympathetic judge like that.  As a lawyer I would not take someone's money and try this when the statute says it should not be granted.  But you could try it yourself and see what happens.  All you would be out is your $86 filing fee.   ... Read Answer

If the charges were dropped, otherwise dismissed, or you were acquitted, you can petition for an expungement, but because it was a felony charge it is not automatic.  You would have to show that it would be a manifest injustice not to grant the expungement.  However, if you pled guilty or were found guilty, you cannot get it expunged. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

Probably a waste of time.  Pardons are extremely rare.  But what you can do is apply for a restoration of your rights.  That would allow you to vote, serve on a jury, become a notary public, and in some cases you can apply for the right to carry firearms. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

The Virginia Code is very clear that expungements are only available in cases of "actual innocence" meaning where the charges were dropped, you were acquitted, or the case was otherwise dismissed.  Ordinarily when you plead guilty that charge will not be expunged.  However, I have recently seen some judges granting them anyway, in contradiction of the statute, as long as the Commonwealth's attorney does not object.  In a case like yours where the charge is more than a decade old and you were very young at the time, you might have a chance if you get a very nice judge on a good day. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

In Virginia you can only expunge a criminal record if you are "actually innocent" meaning that the charges were dropped, you were tried and found not guilty, or the case was "otherwise dismissed." If you pled guilty as part of a plea bargain, which is extremely common, even with first offenses, then you cannot expunge that record. Unfortunately, any convictions will be part of your permanent record. However, I have recently seen some judges grant people's request for expungements on cases where they plead guilty, even though that is clearly against what the statute says.  However, in those cases, the charges were very old, like ten years or more, with no further offenses in the meantime. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

In Virginia you can only expunge a criminal record if you are "actually innocent" meaning that the charges were dropped, you were tried and found not guilty, or the case was "otherwise dismissed." If you pled guilty as part of a plea bargain, which is extremely common, even with first offenses, then you cannot expunge that record. Unfortunately, any convictions will be part of your permanent record. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

Assuming that your charge is eligible for expungement (it must have been dropped by the prosecutor or you were tried and acquitted or the charge was otherwise dismissed), then you can file a petition with the Circuit Court in the county in which you were charged.  After filing, you will have take a court-stamped copy of the petition to a police station (call ahead because only certain substations do this) and have your fingerprints taken.  They will forward these to the state police, who will enter them into their system and forward the fingerprint card back to the court.  Once this process is completed (which can take a few months), you can request a hearing for the court to enter your order for expungement.  Once the order is entered, it will be forwarded back to the state police for them to erase all records of the charge from their database.  Ordinarily all of the paperwork must be prepared by the petition, so it is many times simpler to have a lawyer do it for you.  I'm not sure if forms are available. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.       ... Read Answer

You did not state whether you were convicted or pled guilty to the charges.  If you pled guilty as part of a plea agreement or you were tried and found guilty, then these charges can never be cleared from your record.  Expungements in Virginia are only granted in cases of actual innocence, such as when the charges are dropped or you are tried and found not guilty.  Then the records of your arrest and charges can be erased.  If you are not sure whether you were convicted or not, an attorney can help you look up your case on-line and determine whether you are eligible for an expungement.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.     ... Read Answer

Assuming you pled guilty or were otherwise found guilty of the charge, you cannot have it expunged.  Expungements in Virginia are only for cases of "actual innocence" such as where the charges were dropped or you were acquitted after a trial.  While pardons are granted in rare instances, that will not remove it from your record. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

Various lawyers handle this type of case.  Some criminal defense lawyers also handle pardons, but many do not, since this is outside of the typical criminal justice process.  Most lawyers who handle expungements will also handle pardons, clemency petitions, and restoration of rights.  While pardons are extremely rare, clemency is granted pretty routinely, as are restoration of rights petitions.  Our office handles all of these types of matters. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

You cannot expunge felony convictions in Virginia.  You cannot expunge any convictions in Virginia.  You can only expunge charges and arrest records where the charges were dropped or otherwise dismissed.  Your only options are to file for a restoration of your rights, such as the right to vote, serve on a jury, serve as a notary, and to carry firearms.   You can also seek clemency and/or a pardon from the governor.  But none of these will erase the conviction record.  These will be on your record forever. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read Answer

Expungements are only available for cases of "actual innocence" such as when charges are dropped or you are acquitted by the judge or jury after a trial.  If you plead guilty or are found guilty, you are not considered to be actually innocent and are therefore not eligible for an expungement in Virginia.  Unfortunately, this will stay on your record forever.  Hopefully as it becomes older and older, it will become less relevant to potential employers or you can explain it as "youthful indiscretion."  With marijuana becoming legal in more and more places, I am surprised that many employers hold this against you.  Your best course for the time being is probably seeking out employers who don't conduct a criminal background check, which many small companies do not, or one who is not concerned about a simple possession conviction. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read Answer

You should contact an attorney licensed in Virginia to handle the process.  To make it easier on the attorney, you could locate the basic info on your case, i.e. court name, case number, disposition, date of conviction/dismissal.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

Each state has different expungement laws and I cannot say with any specificity what is or isn't allowed in Virginia.  However, typically felonies are expungeable unless they are F1 or F2 which usually includes violent and/or sex crimes.  The other typical requirement is that you were not subject to a mandatory jail term and that a certain period of time, often 1 year, has passed since any probationary term has expired.  I would recommend you contact an attorney licensed to practice in Virginia.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

The standards for expungement are that the charges have to be either "dismissed, disposed of by motion nolle prosequi, or otherwise dismissed."  And to obtain an expungement you have to file in the Circuit Court of the jurisdiction where the case was handled.  If there is more than one jurisdiction, then you will need to file more than one petition.  An attorney familiar with the process can help you.  The requirements can be found here:  http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2   This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.   ... Read Answer

You need to address this question to an Oklahoma attorney, as that is where the expungement would need to be done. In Virginia, Juvenile misdemeanor records are expunged automatically after a certain period of time, but I don't know the process in OK. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.    ... Read Answer

Expungements are only granted in Virginia in cases of "actual innocence."  These are cases that were dropped by the prosecutor before trial, cases where a person was tried and acquitted, or cases that were "otherwise dismissed" that do not involve a plea of guilty or a finding of guilt.  In your case because you applied for a pardon, that would ordinarily indicate that you either pled guilty or were tried and found guilty.  That means you are not and will never be eligible for an expungement in Virginia.  However, you do have the option to request a pardon, which you already did.  if your rights were partially restored, did this include the right to carry firearms?  If so, can't you simply show the order to the weapons dealer?  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. ... Read Answer

Under Virginia law only charges/offenses for which a person is found "not guilty" or are "otherwise dismissed" may be expunged.  If you were found guilty of the offense, then it cannot be expunged generally speaking.  Please see: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2 This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

The arrest is reported to State Police when it happens, but it is held in a separate category that does not become accessible to the general public unless you commit further crimes.  See: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-389.1 This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read Answer